Sparta v. The Reece Group

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Case 4:25-cv-04847 Document9 _ Filed on 11/14/25 in TXSD Page 1 of 4
United States District Court

Southem District of Texas

ENTERED
UNITED STATES DISTRICT COURT November 17, 2025
SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk

HOUSTON DIVISION

RICHARD DALE SPARTA,
JAIL #285748,

Plaintiff,
VS. CIVIL ACTION NO. H-25-4847

THE REECE GROUP,

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Defendant.

MEMORANDUM AND ORDER

Plaintiff Richard Dale Sparta (Jail #285748) filed this
prisoner civil rights lawsuit under 42 U.S.C. § 1983 while in
custody of the Montgomery County Jail. He alleges that The Reece
Group, a plumbing company, wrongfully charged him for services he
did not receive. Doc. No. 1. The Court has considered the
pleadings and concludes that this case must be dismissed for the

reasons that follow.

I. Legal Standard

Because Sparta is a prisoner who proceeds in forma pauperis,
the Court is required by the Prison Litigation Reform Act (the
“PLRA”) to scrutinize the complaint and dismiss the case, in whole
or in part, if it determines that the action is frivolous,

malicious, fails to state a claim upon which relief may be granted,

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

Case 4:25-cv-04847 Document9_ Filed on 11/14/25 in TXSD — Page 2 of 4

or seeks monetary relief from a defendant who is immune from such

relief. See 28 U.S.C. § 1915A(b); 28 U.S.C. § 1915(e) (2) (B).

II. Discussion

To state a claim under §1983, a plaintiff must “allege the
violation of a right secured by the Constitution and laws of the
United States and must show that the alleged deprivation was
committed by a person acting under color of state law.” West v.
Atkins, 108 S. Ct. 2250, 2254-55 (1988). The defendant must be a
“person who may fairly be said to be a state actor,” that is, one
who is in fact a state official, one who “has acted with or has
obtained significant aid from state officials,” or one whose

“conduct is otherwise chargeable to the State.” Lugar v. Edmundson

Oil Co., 102 S. Ct. 2744, 2753 (1982); see also Hernandez v.

Maxwell, 905 F.2d 94, 95 (5th Cir. 1990) (citing Daniel v.
Ferguson, 839 F.2d 1124, 1128 (5th Cir. 1998)).

Sparta alleges that The Reece Group used a stolen credit card
to charge him $3092.44 for services that he did not receive. Doc.
No. 1 at 2-3. He identifies The Reece Group as a plumbing company
based on Dallas, Texas. Id. at 2. There is no allegation or
indication that The Reece Group is a state actor acting under the
color of law or that its actions can reasonably be charged to the

state. Therefore, Sparta fails to state a viable claim under 42

Case 4:25-cv-04847 Document9_ Filed on 11/14/25 in TXSD Page 3 of 4

U.S.C. § 1983 against The Reece Group, and that claim must be
dismissed. See 28 U.S.C. § 1915A(b) (1).

To the extent that Sparta has alleged a state law tort action
for conversion of his funds against the defendant, he has not
established that complete diversity of citizenship exists between
such parties that would confer upon this federal court jurisdiction
over that claim. See 28 U.S.C. § 1332. In addition, the amount
in controversy is less than that required to sustain a diversity
action even if diversity of citizenship existed between the
parties. The Court declines to exercise supplemental jurisdiction
over a state law claim where all federal claims have been
dismissed. See 28 U.S.C. § 1367(c) (3). Accordingly, Sparta’s
state law claim, if any, will be dismissed without prejudice for

lack of jurisdiction. Such a claim may be pursued in state court.

III. ORDER

Therefore, it is hereby

ORDERED that the plaintiff’s claim under 42 U.S.C. § 1983 is
DISMISSED with prejudice under 28 U.S.C. § 1915A(b) (1) for failure
to state a claim on which relief may be granted; it is further

ORDERED that the plaintiff’s state law claim, if any, is

DISMISSED without prejudice for lack of jurisdiction; and it is

Case 4:25-cv-04847 Document9_ Filed on 11/14/25 in TXSD Page 4 of 4

ORDERED that all pending motions are DENIED as MOOT.
The Clerk of Court will send a copy of this Order to the

parties.

i
SIGNED at Houston, Texas, on this pe o MoV, 2025.

WERLEIN, JR.
UNITED S